Blossom v. Cannon
Massachusetts Supreme Judicial Court
This was a writ of entry on the demandant’s own seisin. Trial was had upon the general issue, October term, 1815, before Thatcher, J. The demandant’s title was derived from a source not questioned by the tenant, who claimed to hold the demanded premises under a collector’s sale, for non-payment of taxes assessed thereon in the year 1799. Sundry objections were taken at the trial to the evidence offered in behalf of the tenant; all which were overruled by the judge, and a…
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This was a writ of entry on the demandant’s own seisin. Trial was had upon the general issue, October term, 1815, before Thatcher, J. The demandant’s title was derived from a source not questioned by the tenant, who claimed to hold the demanded premises under a collector’s sale, for non-payment of taxes assessed thereon in the year 1799. Sundry objections were taken at the trial to the evidence offered in behalf of the tenant; all which were overruled by the judge, and a verdict being returned, pursuant to the judge’s direction, in favor of the tenant, exceptions were filed by the demandant.…
1Opinion of the Court
The Court
were of opinion that, if a collector thus appointed was required to be sworn, it was competent for the jury to presume that fact. But the returning the valuation and a copy of the assessment to the town clerk, being a salutary and necessary regulation, essential to the citizens in general, can in no case be dispensed with. As there was no evidence offered to this point, and as the judge charged the jury generally, that the proof produced by the tenant was sufficient in law to establish his title to the demanded premises, the cause must be sent to a new trial. But considering that…
2Cited by16 opinions
- Early v. DoeSupreme Court of the United States · 1854
- Lyon v. HuntSupreme Court of Alabama · 1847
- State Auditor v. Jackson CountySupreme Court of Alabama · 1880
- Gray v. GardnerMassachusetts Supreme Judicial Court · 1807
- McDonough v. EverettMassachusetts Supreme Judicial Court · 1921
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